New Mexico Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A wrongful death action must be brought within three years of the date of death.

Personal Injury Actions

Personal injury actions must be brought within three years of the date of the injury.

Actions Against the Government

An action brought against a government entity or public employee must be brought within two years from the date of injury or death, except a minor under the age of seven. He or she shall have until his or her ninth birthday to file suit.

Medical Malpractice Actions

Actions against health care providers must be filed within three years of the date that the act giving rise to the injury occurred. Minors under the age of six have until their ninth birthday to file suit.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date that the plaintiff discovered, or should have discovered, the injury.

Special Rules for Minors

Except in cases of wrongful death or medical malpractice, minors have one year from the date of their 18th birthday to file suit.